LTB Order LTB-L-096330-25

JAN 16, 2026 Order under Section 78(11) Residential Tenancies Act, 2006 File Number: LTB-L-096330-25-SA In the matter of: 8 TREMOY RD HOLLAND L. ON L9N0T4 Between: M.A.M. L. A. N. A. H. Tenant Elham Badali Orokhloo M.A.M. (the 'L.') applied for an order to terminate the tenancy A. evict N. A. H. A. Elham Badali Orokhloo (the 'Tenant') A. for an order to have the Tenant pay compensation for damage they owe because the Tenant did not meet a condition specified in the order issued by the LTB on December 16, 2024, with respect to application LTB- L-051938-24. The L.'s application was resolved by order LTB-L-096330-25, issued on November 24, 2025. This order was issued without a hearing being held. The Tenant filed a motion to set aside order LTB-L-096330-25. This motion was heard by videoconference on January 6, 2026. The L. M.A.M. A. the Tenant N. A. H. attended the hearing. When the capitalized word “Tenant” is used in this order, it refers to all persons identified as a Tenant at the top of the order. Determinations: There was a breach of the previous order 1. The Tenant failed to meet a condition specified in the order issued by the Board on December 16, 2024, with respect to application LTB-L-051938-24. In particular, the Tenant did not make the required payment by October 15, 2025, A. has made no payments to the L. since the consent order was issued. This breach was undisputed by the Tenant at the hearing. Order Page 1 of 3  File Number: LTB-L-096330-25-SA The surrounding circumstances 2. At the hearing, the Tenant did not dispute that the rent remains unpaid or that they are in breach of the prior order. Instead, the Tenant requested that the order be set aside based on an asserted change in circumstances A. sought a short extension of time before enforcement. 3. The Tenant submitted that they expect to receive funds from investments related to a deceased family member’s estate A. from anticipated payments under construction contracts. However, the Tenant did not provide any documentary evidence to establish that these funds are available, imminent, or sufficient to cure the breach or to meet future rent obligations. 4. I find that the Tenant has not demonstrated a concrete or reliable plan to pay the outstanding arrears or to resume paying rent in full A. on time. The Tenant’s submissions were speculative A. based on anticipated future income rather than established financial capacity. 5. I also considered whether any alternative or additional conditions could reasonably be imposed if the order were set aside. On the evidence before me, I am not satisfied that imposing new conditions would reduce the risk of further non-compliance or meaningfully protect the L. from continued prejudice. 6. After considering all of the circumstances, including the undisputed breach of the prior order, the absence of payments since that order was issued, A. the lack of evidence demonstrating an ability to comply going forward, I find that it would be unfair to set aside order LTB-L-096330-25. The stay is lifted on January 20, 2026 7. With respect to the timing of lifting the stay, I considered the submissions of both parties. The Tenant requested that the stay be lifted on January 20, 2026, A. the L. did not oppose that date. 8. In the circumstances, I find that lifting the stay on January 20, 2026, reasonably balances the Tenant’s request for a brief period to make arrangements with the L.’s right to enforce the order following ongoing non-compliance. It is ordered that: 1. The motion to set aside Order LTB-L-096330-25, issued on December 16, 2024, is denied. 2. The stay of order LTB-L-096330-25 is lifted on January 20, 2026. Order Page 2 of 3  File Number: LTB-L-096330-25-SA 3. Order LTB-L-096330-25 is unchanged. January 16, 2026 ____________________________ Date Issued Kyle Anderson Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234. Order Page 3 of 3